Diaz

In a trial by the court, defendant was found guilty of driving a vehicle upon a highway, while addicted to heroin, in violation of section 23105 of the Vehicle Code. A motion for new trial was denied, proceedings were suspended and probation was granted for three years upon the usual conditions and that defendant spend the first 30 days in the county jail.

Defendant noticed her appeal “from the Order Denying Motion for New Trial,” a nonappealable order. (Pen. Code, § 1237.) However, because a notice of appeal “shall be liberally construed in favor of its sufficiency” (Cal. Rules of Court, rule 31(b)), we treat the notice of appeal here, as being from the judgment (order granting probation).

Three issues are raised in this appeal: (1) whether, as applied to defendant, section 23105 of the Vehicle Code is constitutional, (2) whether certain statements made by defendant to the police were inadmissible under the exclusionary rule of People v. Dorado, 62 Cal.2d 338, 353-354 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], and (3) whether the evidence was sufficient to support a finding that such statements were voluntary.

In view of our conclusion that the judgment must be *820 reversed under…